Mars Energy Hackathon Rules Mars Discovery District

MaRS Energy Hackathon Rules

Mars Discovery District (“MaRS”) is pleased to present the MaRS Energy Hackathon (the “Hackathon”).

The Hackathon is governed by the rules set out below. By entering the Hackathon, you agree to abide by the rules and decisions of MaRS and the Hackathon judges. You also agree to comply with all applicable laws. The Hackathon is void to the extent prohibited or restricted by law.

THE RULES

1. Hackathon Purpose The Hackathon is an opportunity for you to create a hardware or software application (collectively, an “App”) that makes use of the Green Button open API and other sample datasets selected by MaRS. The goal of the App must be to help consumers better understand, access and manage their electricity consumption. At the end of the Hackathon, you may submit your App to MaRS for judging in accordance with these rules. 2. Venue and Date The Hackathon will take place at the Lower Concourse & Auditorium at the MaRS Centre, South Tower, 101 College Street, Toronto, from 8:00 AM on September 7 until 5:00 PM on September 8, 2013. 3. How to Enter You may enter the Hackathon by filling out the registration form at http://www.energyhack.ca. You must enter the required information accurately, and accept the terms and conditions displayed as part of the registration process. All entries must be received by Mars on or before September 7, 2013. It is solely your responsibility to ensure that you are properly registered. MaRS will not be responsible for any lost, delayed, misdirected, illegible, incomplete, damaged or undeliverable entries, or any delay or failure to transmit, process, receive or consider entries. 4. Eligibility – Entrants You are not required to make any purchase or pay any fee to enter or win the Hackathon. You may only enter the Hackathon if you are an individual and, at the time of entry: (1) you are a legal resident of Ontario and (2) you are at least 18 years old. MaRS’ employees and their immediate families (i.e., their spouses, siblings, children, spouses’ parents, and the spouses of any of those individuals) and their household members (related or not), and anyone otherwise connected with the Hackathon, are not eligible to enter the Hackathon. MaRS may at any time in its sole discretion disqualify any entrant who: does not meet the Hackathon’s eligibility criteria, fails to comply with these rules, attempts to enter the Hackathon in any manner or through any means other than as described in these rules, attempts to disrupt the Hackathon or attempts to circumvent any of these rules. 5. Your App The App you develop in connection with the Hackathon must meet all of the following criteria: (a) It must help consumers better understand, access, use, and/or manage their electricity consumption. (b) It must not contain, depict or refer to any crude, vulgar, obscene, sexually explicit, disparaging, discriminatory, offensive, illegal or otherwise unsuitable language, activity or other content (all as determined by MaRS in its sole discretion).

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(c) It must not contain, depict or refer to any content which disparages or refers negatively to MaRS, the Hackathon, or any other person or entity (all as determined by MaRS in its sole discretion). (d) It must not conflict with any of MaRS’ core values, or otherwise be objectionable to MaRS (as determined by MaRS in its sole discretion). (e) It must not contain any content that violates any law or any third party’s rights (including privacy, personality and intellectual property rights). (f) It must have been coded only during the Hackathon, although you may have worked on your designs, wireframes and mock-ups in advance. (g) It must not have been submitted to any other Hackathon, website or contest. (h) It must meet all other guidelines and criteria listed at http://www.energyhack.ca. MaRS may disqualify any App entry if MaRS determines (in its sole discretion) that the App does not comply with the above requirements or otherwise with these rules. 6. Your Additional Representations and Warranties By submitting a App to MaRS you represent and warrant that: (a) you are the original creator of the App; (b) you are the sole owner of the copyright and all other rights in the App and all content in and on the App; (c) MaRS will not infringe or violate any third party’s intellectual property, privacy, personality or other rights when MaRS copies, displays, edits, modifies, transmits or otherwise uses that App in connection with the Hackathon or the publication the Hackathon or any future MaRS event; and (d) the App meets all of the eligibility requirements set out in these rules. 7. Voting and Judging Process MaRS’ judges will select the top 8 Apps in their sole discretion on September 8, 2013. Decisions of the judges will be final and binding. 8. Winners Participants who have been selected to receive a prize will be notified in person at the Hackathon and later, by email. In order for a participant to be declared a Hackathon winner and be eligible for a prize, he or she must have complied with, and remain in compliance with, these rules, and must sign and deliver to MaRS (within 10 days after MaRS’ request) a standard declaration and release form, which will include: a declaration of the participant’s compliance with these rules, an acceptance of the prize as awarded, a publicity release, a liability release, and any other documentation that MaRS may require. MaRS may request valid proof of identity, residency, age and other relevant documentation, and MaRS may disqualify a participant if MaRS determines (in its sole discretion) that the provided proof is not sufficient. If the prize notification is returned as undeliverable or if a selected participant does not comply with all of the above requirements within the above time frames, or does not otherwise comply with these rules, MaRS may disqualify the finalist, and the Hackathon judges will select a replacement finalist. MaRS expect to announce the names of the final winners on or around September 8, 2013. The chances of winning will depend upon the number of entrants. 9. Prizes There are 8 prizes to be won, with a total approximate retail value of CDN$14,500. These prizes will be awarded to the top finalists (as chosen by the Hackathon judges) as follows:

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Best App (Value CDN$1,500) Best App – First Runner-Up (Value CDN$1,000) Best App – Second Runner-Up (Value CDN$500) Pivot Design Group Award for Best UX/Design (approximate value: CDN$5,000) Chagpar & Associates $5,000 Innovation Consulting Grant (approximate value: CDN$5,000) 5 free Tuts+Premium subscriptions (approximate value: CDN$900) 5 free accounts for Squarespace for 1 year (approximate value: CDN$500)

All prizes must be accepted as awarded (with no substitutions), and may not be sold, transferred, or converted into cash. The winner(s) will be solely responsible for all travel and other costs associated with obtaining or redeeming the prize(s). MaRS will make reasonable efforts to deliver prizes to the addresses/accounts provided by entrants. However, MaRS cannot guarantee that any prizes returned to MaRS due to non-delivery at the provided address will be re-sent to the prizewinner. 10. Cancellation If for any reason MaRS cannot run the Hackathon as planned (including as a result of bugs, tampering, unauthorized intervention, fraud, technical failures, infection by computer virus or any other cause that corrupts, impairs or affects the administration, security, fairness, integrity, or proper conduct of this Hackathon) MaRS may cancel, modify, extend or suspend the Hackathon. In that event, MaRS may award prizes at random from among the eligible entries received up to the time of the impairment, or award no prizes. MaRS may also disqualify any individual who tampers with or in any way corrupts the entry or voting process, or who attempts to undermine the legitimate operation of the Hackathon by cheating, hacking, deception, or other unfair practices, or by attempting to annoy, abuse, threaten or harass any other entrants or MaRS representatives. 11. Licence from all Entrants to MaRS You will retain the intellectual property rights in the App you create. However, you hereby grant to MaRS the unrestricted, royalty-free, perpetual, irrevocable, worldwide, sublicensable, assignable, licence (but not the obligation) to reproduce, communicate, modify, display, transmit, publicly perform, make derivative works from, and otherwise use the App (in whole or in part) without any fee or other form of compensation, and without further notification or permission, for the following purposes: (a) administering the Hackathon; (b) identifying you by name as the creator of the App; (c) displaying the winning entries in the Hackathon; and (d) advertising in any media, including to advertise the Hackathon, future hackathons, and MaRS’ products and services. (e) Publicity Except where otherwise prohibited by law, participation in the Hackathon constitutes a winner’s consent to MaRS’ use of the winner’s name, home town and photograph for promotional purposes without further notification, permission, payment or consideration. 12. DISCLAIMERS, LIABILITY AND INDEMNIFICATION MARS DOES NOT ACCEPT LIABILITY FOR ANY LOSS OR DAMAGE OF ANY APP OR FOR ANY OTHER LOSS OR DAMAGE RESULTING DIRECTLY OR INDIRECTLY FROM YOUR PARTICIPATION IN THE HACKATHON OR YOUR RECEIPT, USE OR REDEMPTION OF ANY PRIZE(S), OR YOUR INABILITY TO RECEIVE, USE OR REDEEM ANY PRIZE(S). MARS IS NOT RESPONSIBLE FOR: (1) INCORRECT OR INACCURATE TRANSCRIPTION OF ENTRY INFORMATION OR LATE, LOST, INCOMPLETE, MISDIRECTED ENTRIES, OR ENTRIES RECEIVED THROUGH IMPERMISSIBLE OR ILLEGITIMATE CHANNELS; (2) TECHNICAL FAILURES OF ANY

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KIND, INCLUDING THE MALFUNCTIONING OF ANY TELEPHONE, COMPUTER, NETWORK, HARDWARE OR SOFTWARE; (3) THE UNAVAILABILITY OR INACCESSIBILITY OF ANY SERVICE; (4) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE HACKATHON; (5) ELECTRONIC OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE HACKATHON OR THE PROCESSING OF ENTRIES; OR (6) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY, INCLUDING YOUR COMPUTER, WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM YOUR PARTICIPATION IN THE HACKATHON OR FROM DOWNLOADING OR USING ANY MATERIAL PROVIDED BY MARS. MARS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH THE HACKATHON OR THESE RULES. YOU HEREBY RELEASE AND AGREE TO INDEMNIFY AND HOLD HARMLESS MARS AND ITS EMPLOYEES, DIRECTORS, OFFICERS, AFFILIATES, AGENTS, JUDGES AND ADVERTISING AND PROMOTIONAL AGENCIES FROM ANY AND ALL DAMAGES, INJURIES, CLAIMS, CAUSES OF ACTIONS, LIABILITY OR LOSSES OF ANY KIND (INCLUDING ACTUAL LEGAL FEES AND EXPENSES), KNOWN OR UNKNOWN, ABSOLUTE OR CONTINGENT, NOW OR IN THE FUTURE ARISING FROM OR RELATED TO: (A) YOUR FAILURE TO COMPLY WITH ANY OF THESE RULES; (B) ANY MISREPRESENTATION YOU MAKE UNDER THESE RULES OR OTHERWISE TO MARS; (C) YOUR PARTICIPATION IN THE HACKATHON; OR (D) YOUR RECEIPT, USE OR REDEMPTION OF ANY PRIZE, OR YOUR INABILITY TO RECEIVE, USE OR REDEEM ANY PRIZE. 13. Personal Information Consent You consent to MaRS using and disclosing your personal information for the purposes of administering the Hackathon; advertising the Hackathon and any future hackathons and any of MaRS’ products and services; and for the other purposes described in these rules. 14. Law The Rules will be governed by and construed in accordance with the laws of the Province of Ontario, Canada and the federal laws of Canada applicable in Ontario. 15. Disputes All disputes, claims and causes of action arising out of or connected with the Hackathon, prizes or these rules will be resolved individually, without resort to any form of class action, and exclusively by the appropriate court of the Province of Ontario, Canada. 16. Further Information For more information please contact Lindsay Archibald at: MaRS Discovery District MaRS Centre, South Tower 101 College Street, Suite 100 Toronto, Ontario M5G 1L7 [email protected]